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Commercial Litigation Funding

Litigation Funding Assessment

The main ingredients of a fundable claim are that:

  • The claim should have good prospects of success against a solvent defendant; and
  • The claim value should be for a sufficient multiple of the likely costs. For example the claim should normally be worth at least 6 times the costs of pursuing it all the way through trial. There are no upper limits in terms of costs or the quantum of damages.

 

Breaking this down a little further, Calunius Capital will assess potentially investable cases on a variety of factors, principally:

  • Merits – What are the strengths and weaknesses of the legal arguments and of the supporting evidence?
  • Quantum – What level of damages is likely to be achieved on success at trial or on settlement?
  • Recoverability – Is the Defendant good for the money?
  • Time – How long will it take to achieve resolution, including the risk of appeal?
  • Costs – How much will the Claimant’s costs turn out to be; what is the risk of over-run; how will the adverse costs risk be dealt with?
  • Variability – How likely are each of the above factors to change?

 

In principle, we work with the case materials that are available. Ideally, in order properly to assess the risk, we like to see and evaluate the following items before a decision can be taken:

  • The principal documents (contracts, correspondence etc.) relied on in the case;
  • Any witness statements that have been prepared;
  • Any Court documents that have been filed;
  • A written legal opinion dealing positively with the merits;
  • A written, legally coherent justification of the quantum sought in the claim;
  • A written estimate of the costs to be incurred in pursuing the claim.

 

However we do recognise that, depending on the stage the preparations of the case have reached, some of these documents might not be immediately available. In particular we do not necessarily require a Counsel’s Opinion and the Calunius Fund will pay for the preparation of a formal legal review in appropriate cases.

 

Back to Litigation Funding

 

 

Calunius news and media

Round Table Discussion on Third Party Funding: Downsizing Expenses and Adding Value

Lisbon, 17 January 2018

Calunius' Mick Smith will be participating in a round table discussion at the AIPN's "International Energy Markets and Dispute Resolution Solutions". The event will bring together professionals from diverse backgrounds and will feature presentations on the Energy Charter Treaty and its impact on energy-related investments in Portugal and the new AIPN Model Dispute Resolution Agreement. Click on the headline to see the full programme.

Competition Law Conference

Stockholm, 8 February 2018

Calunius' Christian Stuerwald will participate in a panel discussion about 'Private Enforcement of Competition Law' at the event, topics to be discussed will include: Implementation of the EU Damages Directive in the region, Jurisdiction and forum shopping, Risks and opportunities for in-house lawyers and Funding options. Click on the headline to access the programme.

SIArb Commercial Arbitration Symposium 2017 & Launch of Third Party Funding Guidelines

Singapore, November 2017

The SIArb Commercial Arbitration Symposium, now into its eighth year, provides a distinctive and interactive forum for participants to discuss current issues and developments in the field of commercial arbitration. This year, one of the sessions provided an opportunity to discuss third party funding of disputes with representatives of five leading litigation and arbitration funders operating in Asia. Calunius partner Mark Wells participated in the panel discussion on 'Third-Party Funding of International Arbitration in Asia – Current Issues and Implications for Practice'. Click on the headline to access the full programme.

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